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Original Message:
Questions (...still) come to mind here... (by Dr. K.):
ken1193 wrote:. . . any given resort might very well overtly choose to challenge the legal validity of any "resale" deed in which there is suddenly no identifiable, accountable individual(s), absent the requisite (and time consuming, expensive) legal energies required to "pierce the corporate veil". In such a potential scenario a "donor", even after seeing a new deed recorded in the new "corporate grantee" name (...and even after paying your $500 "service fee"...) could still find themselves hounded by collection agencies for maintenance fee payments (plus interest) by a resort which does not / will not choose to accept or acknowledge the validity of the new "corporate grantee" deed.
I appreciate your questions and concern.
We are strictly the end product of the deed transfer process. We ask the donor to choose their own title/escrow company. We do have two we have worked with for several years who are well experienced in timeshare title transfers, but that's the only reason we promote them. We have no financial association with them other than their giving a discount to our donors. A donor may choose another if they wish. Our contact with a different title/escrow company is to address these same concerns for the protection of the donor.
They, in their experience, make sure title is transferred properly and legally. Once done, there is no legal reason the resort may challenge. Unlike a Quit Claim Deed, regular or warranty deeds deal with moment of time issues. A Quit Claim Deed is used by many people to avoid payment of past due bills. A regular or warranty deed deals only with the date of recording. All bills due prior to that recording date are legally the responsibility of the donor. All bills which are charged after that date become the responsibility of the new owner. This does not give the resort a legal right to seek recourse from prior owners.
Part of the closing process handled by an experienced timeshare closing company (hence the two we suggest) is to contact the resort to ascertain if there are any restrictions, conditions, or concerns from the resort for the process. These closing companies have a sign off process they use with the resorts that covers this issue of ownership entity. We have found two or three resorts that do require an individual's name. Those were halted and the monies returned to the donor. We can't help everyone.
Since we don't deal with the paperwork process I would suggest you contact the closing companies we have experience with and ask these question or any others regarding the process to them. This is our page listing those companies - http://www.communityhealthtraining.org/TimeshareClosingCompanies.htm .